Joint Committee on Statutory Instruments Twenty-Seventh Report


APPENDIX 3

Memorandum by the Department of Trade and Industry

COPYRIGHT (APPLICATION TO OTHER COUNTRIES) ORDER 1999 (S.I. 1999/1751)

Introduction

    1. After considering the above instrument the Joint Committee on Statutory Instruments has requested that the Privy Council Office submit a memorandum on the following point:

    Ought not the reference in article 4(3) to section 14(5) of the Copyright Act 1988 to be a reference to section 14(2)?

    2. This request concerns a point of drafting and the Privy Council Office has agreed with the Department of Trade and Industry that the Department shall reply directly to the Committee.

Explanation

    3. Article 4(3) concerns the modification of the application of Part I of the Copyright Designs and Patents Act 1988 in relation to repeats of broadcasts and cable programme services. Section 14(5) of the Copyright, Designs and Patents Act 1988 concerns the duration of copyright in a repeat broadcast or cable programme. The Department considers that the reference to section 14(5) is correct.

    4. The Copyright (Application to other Countries) Order 1993 (S.I. 1993/942) made a reference to section 14(2). Section 14 of the Copyright, Designs and Patents Act 1988 was substituted by the Duration of Copyright and Rights in Performances Regulations 1995 (S.I. 1995/3297) regulations 4 and 7(1), subject to transitional provisions and savings specified in regulations 12-35 thereof. The content of the original section 14(2) and the current section 14(5) is identical.

16 July 1999


 
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